New Judgment: R (L) v Commissioner of the Police of the Metropolis [2009] UKSC 3
29 Thursday Oct 2009
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On appeal from: [2007] EWCA Civ 168. Concerns a question as to the permissible content of an enhanced criminal record certificate issued pursuant to the Police Act 1997, s 115 in relation to someone who wished to work with children under 18.
Held: in connection with an application to work with vulnerable persons, the police must give due weight to the applicant’s right to respect for her private life when determining whether to disclose non-criminal related information retained in police records. However, the facts narrated were true, the allegation was directly relevant to her employment and the school was entitled to be apprised of the information. Therefore, while the consequences for the appellant’s private life were regrettable, disclosure could not be said to be disproportionate to the public interest in protecting vulnerable people.
JUSTICES: Lord Hope (Deputy President), Lord Saville, Lord Scott, Lord Brown and Lord Neuberger
For judgment, please download: [2009] UKSC 3
For Court’s press summary, please download: Press Summary